Legal Question in Real Estate Law in New York

My Mom died 6/21. Her house which still has a mortgage. She owned and lived in home with my brother. Upon her death my sister and I now own 25% each with my brother at 50%. My sister wants to move in until home is sold. I feel she should pay half the mortgage as long as she is living there. She feels she should only pay her %.and I should pay %. What is correct?


Asked on 7/14/16, 6:00 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If the Will is silent about this, the usual treatment is that all heirs are proportionately responsible. However, where heirs are also residents, they might be responsible for a larger share of expense sharing. Certainly daily expenses like utilities, phone, cable TV and minor repairs and/or replacements should solely be paid by the resident heirs. Question is such things like homeowner insurance, mortgage and taxes, which are traditionally pro rated. However, residents might pay more since they are living there rent free.

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Answered on 7/14/16, 9:23 am


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